Perspektif Hukum terhadap Status Anak Luar Nikah Dalam Memperoleh Hak Waris Kompilasi Hukum Islam

2019 ◽  
Vol 1 (2) ◽  
pp. 158-166
Author(s):  
Yapiter Marpi
Keyword(s):  
Islamic Law ◽  
Family Relations ◽  
Secondary Data ◽  
Primary Data ◽  
Biological Father ◽  
Inheritance Law ◽  
Inheritance System ◽  
The Family ◽  
The Status ◽  
The Guardian

This study aims to determine and discuss the perspective of inheritance law on the status of out-of-wedlock children in obtaining the inheritance rights of Islamic law compilation. The method used is a qualitative method using secondary data and primary data for completeness of data, data analysis used using normative analysis. Based on the results of research, among others, first, the position of out-of-wedlock children according to Islamic Law is based on nasab as the legality of family relations based on blood relations, as a result of legal marriage. The problem is that there is no relationship between the child's relationship with his biological father; there are no rights and obligations between the child and his biological father, inheritance and so on; if by chance the child is a woman, then the biological father cannot be the guardian, so that the guardian can be a child out of wedlock; secondly, the status of inheritance rights for out-of-wedlock children according to Islamic law only have a mutual inheritance relationship with the family from the mother's side, however there is a need for legal breakthroughs related to this, namely in the Islamic inheritance system, there are grant institutions in the form of giving biological father's day and can also the wills of the Mandatory from his biological father. Keywords; Inheritance rights, out-of-wedlock children, compilation of islamic law.    

PERSPEKTIF HUKUM TERHADAP STATUS ANAK LUAR NIKAH DALAM MEMPEROLEH HAK WARIS KOMPILASI HUKUM ISLAM

2020 ◽  
Vol 1 (2) ◽  
pp. 158-166
Author(s):  
Yapiter Marpi
Keyword(s):  
Islamic Law ◽  
Family Relations ◽  
Secondary Data ◽  
Primary Data ◽  
Biological Father ◽  
Inheritance Law ◽  
Inheritance System ◽  
The Family ◽  
The Status ◽  
The Guardian

ABSTRACT This study aims to determine and discuss the perspective of inheritance law on the status of out-of-wedlock children in obtaining the inheritance rights of Islamic law compilation. The method used is a qualitative method using secondary data and primary data for completeness of data, data analysis used using normative analysis. Based on the results of research, among others, first, the position of out-of-wedlock children according to Islamic Law is based on nasab as the legality of family relations based on blood relations, as a result of legal marriage. The problem is that there is no relationship between the child's relationship with his biological father; there are no rights and obligations between the child and his biological father, inheritance and so on; if by chance the child is a woman, then the biological father cannot be the guardian, so that the guardian can be a child out of wedlock; secondly, the status of inheritance rights for out-of-wedlock children according to Islamic law only have a mutual inheritance relationship with the family from the mother's side, however there is a need for legal breakthroughs related to this, namely in the Islamic inheritance system, there are grant institutions in the form of giving biological father's day and can also the wills of the Mandatory from his biological father. Keywords; Inheritance rights, out-of-wedlock children, compilation of islamic law.    

Tinjauan Hukum Islam Terhadap Penerapan Hukum Waris Adat Di Desa Margajaya Kecamatan Lemahsugih Kabupaten Majalengka

2020 ◽  
Vol 11 (1) ◽  
pp. 13-32
Author(s):  
Devi Nurmilasari ◽  
Yoyo Hambali
Keyword(s):  
Quantitative Research ◽  
Islamic Law ◽  
Field Research ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Rights ◽  
Adopted Children ◽  
Research Activity ◽  
Inheritance Law ◽  
Inheritance System

The application of inheritance law in the indigenous people of Margajaya, Lemahsugih Subdistrict,Majalengka Regency, which basically still adheres to the customs and traditions that they follow fromtheir ancestors. The inheritance system used in Margajaya customary inheritance uses the Parentalsystem, in which the father and mother are equally strong, in terms of distribution and application ofinheritance to the Margajaya customarycommunity. This type of research is Field Research, and themethod uses the Mix Methods method. Namely a research method by combining qualitative researchmethods with quantitative research in a research activity, so that more comprehensive, valid, reliableand objective data will be obtained. The data used in this study are primary data obtained frominterviews and documentation while secondary data is obtained from Liberal Research. The samplestaken in this study were the followers of Packu, Akur and Segendong Sepikul, while for the populationthey were more inclined towards the customary tradition, namely Akur. In data collection techniques,researchers used interview data, observation and documentation. And for the Data Analysis Techniquein its stages, observation, editing, classification, re-verification, analysis and drawing conclusions.The results of the study found that indigenous wans in Margajaya village are using parental customarylaw which is only focused on children and adopted children. The share of the heir’s parents only as agift for his parents, is not included in the wansan. The distribution of the wansan property was oftenpostponed by reason of using the children until they got married. The factor behind the occurrenceof this interview is the lack of knowledge of Islamic legal rights. The implementation of the law thatoccurs in Margajaya village, when viewed from Islamic law, is basically not in accordance withIslamic law. Things like this are considered normal and common in Margajaya society because it is atradition from generation to generation and their ancestors. The custom that is used by the communityin the distribution of inheritance cannot be used as a legal benchmark because it is against Nash, eventhough the purpose of an inheritance is carried out in accordance with Maqasıd Al Syan ah, namelyjustice, it is still not acceptable to Islam

scholarly journals KAJIAN PERBANDINGAN DALAM PEMBAGIAN WARIS BERDASARKAN PADA HUKUM ISLAM DAN HUKUM ADAT

2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Anwar Hidayat ◽  
M. Gary Gagarin Akbar ◽  
Deny Guntara
Keyword(s):  
Property Rights ◽  
Research Method ◽  
Islamic Law ◽  
Customary Law ◽  
Inheritance Law ◽  
Hereditary System ◽  
The Family ◽  
The Status ◽  
Approach Method ◽  
The Subject

Abstrak Pemberlakuan aturan mengenai kewarisan di Indonesia selama ini terjadi perdebatan antara para ahli hukum tentang status hukum Islam dan hukum adat.Berkaitan dengan permasalahan dalam hukum waris pada hukum Islam dan hukum Adat, maka perlu adanya kesesuaian bagi masyarakat yang akan mempergunakan masing-masing hukum tersebut dalam menyelesaian warisannya kepada sang ahli waris yang berhak. Ketentuan hukum Islam di Indonesia belum merupakan undang-undang (kodifikasi) haruslah sistematis dan prosedural, harus jelas siapa subyek dan obyeknya dan diundangkan oleh lembaga yang berwenang dalam negara. Rumusan masalah dalam penelitian ini adalah bagaimana perbandingan dalam pembagian waris berdasarkan pada hukum islam dan hukum adat. Metode penelitian ini menggunakan metode kualitatif dengan metode pendekatan yuridis empiris. Hasil penelitian yaitu Hukum waris Islam telah menempatkan atauran kewarisan dan hukum mengenai harta benda dengan sebaik-baiknya dan seadil-adilnya. Islam menetapkan hak milik seseorang atas harta, baik bagi laki-laki maupun perempuan seperti perpindahan hak milik dan perempuan pada waktu masih hidup atau perpindahan harta kepada ahli warisnya setelah ia meninggal dunia. Hukum waris adat berpangkal dari bentuk masyarakat dan sifat kekeluargaan yang terdapat di Indonesia menurut sistem keturunan, dan setiap sistem keturunan yang ada mempunyai kekhususan dalam hukum waris yang satu dengan yang lain berbeda-beda. Kata Kunci:Waris, Hukum Islam, Hukum Adat Abstract The enactment of the rules regarding inheritance in Indonesia has been a debate between legal experts about the status of Islamic law and customary law. In connection with problems in inheritance law in Islamic law and Customary law, it is necessary for the community to use each of these laws in complete the inheritance to the rightful heirs. The provisions of Islamic law in Indonesia are not yet laws (codification) must be systematic and procedural, it must be clear who the subject and object are and are promulgated by the authorized institutions in the country. The formulation of the problem in this study is how comparisons in inheritance distribution are based on Islamic law and customary law. This research method uses qualitative methods with an empirical juridical approach method. The results of the research, namely Islamic inheritance law has placed the inheritance and law regarding property as well as possible and as fair as fair. Islam establishes someone's property rights, both for men and women, such as the transfer of property rights and women while still alive or the transfer of property to his heirs after he dies. The customary inheritance law stems from the form of the community and the family character found in Indonesia according to the hereditary system, and each of the offspring systems that have specific inheritance laws is different from one another Keyword: Inheritance, Islamic Law, Customary Law

scholarly journals The Impact of the Financial Wellbeing of the Elderly of Kazakhstan on Their Family Life

2021 ◽  
Vol 16 (3) ◽  
pp. 152-166
Author(s):  
Z. T. Satpayeva ◽  
A. S. Bekbossinova ◽  
M. M. Ryskulova
Keyword(s):  
Family Relationships ◽  
Financial Literacy ◽  
Pension System ◽  
Family Relations ◽  
Secondary Data ◽  
Well Being ◽  
The Elderly ◽  
Primary Data ◽  
The Family ◽  
The Impact

Today, many countries in the world are concerned about the well-being of pensioners, as their number is growing every year and pension systems cannot cope with ensuring a decent old age. The well-being of pensioners is part of the well-being of society, and the pension system is an institution for ensuring the well-being of pensioners. Therefore, it is important to understand the relationship between the financial well-being of older people and the country’s pension system. It is also important to understand that the family is an integral part of a person and therefore the well-being of each family member affects family relationships. This article is devoted to the assessment of the financial well-being of pensioners in Kazakhstan as a key factor affecting the family relations of a pensioner with partner, children, and grandchildren. Primary and secondary data were used for this study. The primary data were collected through interviews, which allowed us to obtain a subjective definition of financial well-being on the part of pensioners and its impact on family relations. This data was processed and encoded using the Atlas.ti program. Data from the Bureau of National Statistics made it possible to objectively assess the financial situation of Kazakhstani pensioners. The study found that the concept of financial well-being among Kazakhstani pensioners is more important for men than for women. Pensioners are not happy with their financial well-being, but this does not significantly affect their relationship with their families. The results of the study will allow us to assess the financial well-being of pensioners and can be used in the reform of social policy, pension provision of the country. Through the use of interviews financial literacy has been identified as one of the key factors, which depends on circumstances and the context.

scholarly journals Inheritance of Community Property in Melayu Siak Community

2019 ◽  
Vol 6 (3) ◽  
pp. 234
Author(s):  
Lani Regina Yulanda
Keyword(s):  
Islamic Law ◽  
Secondary Data ◽  
Field Studies ◽  
Customary Law ◽  
Primary Data ◽  
Research Approach ◽  
Inheritance Law ◽  
Kinship System ◽  
Community Property ◽  
Qualitative Descriptive

The existence of legal events in the form of death results in inheritance regulated by certain inheritance laws. In Indonesia, there is still inheritance legal pluralism, including civil inheritance law, Islamic inheritance law and customary inheritance law. In Melayu Siak community, where Islamic law and customary law are their living laws, there are differences in those two laws regarding the inheritance which then raises the question of which law will apply. This study utilizes a qualitative descriptive method with an empirical juridical legal research approach. Research data are collected through field studies by conducting interviews with the respondents to obtain primary data and literature studies to obtain secondary data. The focus of this research is to find out and analyze inheritance over the community property in Melayu Siak community. The results of the study show that 1) there is a relationship between the kinship system and the existence of the community property. 2) the inheritance in Melayu Siak community is based on the Islamic inheritance law and its implementation is carried out based on the results of the deliberation.

scholarly journals Understanding the Rights of Wife in The Law Number 1 of 1974 About Marriage Among the Terrorist Wives in Central Java

2020 ◽  
Vol 8 (1) ◽  
Author(s):  
Rosdiana Rosdiana ◽  
Hotnidah Nasution
Keyword(s):  
Islamic Law ◽  
Secondary Data ◽  
Primary Data ◽  
Marriage Law ◽  
Positive Law ◽  
Central Java ◽  
Religious Doctrine ◽  
Library Research ◽  
The Status ◽  
The Law

AbstractThe terrorist or ex-terrorist wives in Solo have experienced diverse conditions after their husband officially becomes a terrorist prisoner who has been lived in jail. The Rights of Wife in Law No. 1 of 1974 about Marriage among terrorist wives in Solo have sharpened the analysis on how their level of perception of the wife’s rights that regulated by Law No. 10 of 1974. This study aims to reveal the reality of cases that took place with terrorist wives related to the fulfillment of their rights as a wife regulated by law, and to categorize their marital status related to the validity in a positive law (whether the marriage is registered or not in The Office of Religious Affairs (KUA)). Besides, this paper also wants to explore the terrorist wives' understanding who are legally married in KUA regarding their rights which are highly protected by the law. This research uses a qualitative method which aimed to find concepts and theories, and library research by applying the empirical or sociological legal approach. Data sources used are Primary Data, namely the terrorist prisoner’s wives in Solo, and secondary data from the Marriage Law (Law No. 1 of 1974), Compilation of Islamic Law (KHI), books, journals, articles, views of legal experts, and the results of other paper and writings related to the problems that become the subject in this research discussion. The descriptive data analysis method aims to figure out systematically, factually and accurately the facts about the understanding of terrorist wives related to their rights in the Marriage Law (Law No. 1 of 1974). After analyzing and interpreting the existing data, it can be concluded that the terrorist prisoner wives in Central Java have a fairly good understanding of their rights as wives regulated in Law No. 1 of 1974. If only there are rights that undermanned by them for the unfulfilled obligations by the husband, then it is caused by their sincerity attitude towards the husband status who becomes a prisoner. The religious doctrine that is strong enough makes the prisoner’s wife do not ask many of her rights, both physical and mental rights that are not well fulfilled. For them, the status of a husband to become a terrorist prisoner is a Shari reason which consequences must be accepted sincerely.Keywords: Understanding, wife's rights, Terrorist Prisoner’s Wives

scholarly journals ADULTERY CHILD STATUS IN ISLAMIC LAW AND IN THE CIVIL CODE

Hukum Islam ◽  
2019 ◽  
Vol 19 (2) ◽  
pp. 89
Author(s):  
HARI SUTRA DISEMADI
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Civil Code ◽  
Cost Of Living ◽  
Biological Father ◽  
Marital Relations ◽  
Illegitimate Child ◽  
The Status ◽  
The Cost

Problems regarding the status of children born outside of legal marital relations are still interesting discussions. In the community the status of children is often questioned, because not a few children are born without marriage. So from this this study will focus on the status of illegitimate children in Islamic law and in the Civil Code. The research method used is a normative juridical research method based on secondary data, namely primary legal material, secondary legal material and tertiary legal material. This research shows that in Islamic law and Civil Code the legitimate denial of children can result in the breakup of marriage making the child an illegitimate child and not having an inheritance relationship with his parents, but his mother according to Islamic law. If the child of adultery is associated with obligations and responsibilities regarding survival, then the parents or fathers are still charged with the obligation to provide a living. As the cost of living and the cost of their education as needed or according to their abilities, because he is the biological father of the child. If the status of the adultery child is associated with inheritance according to BW, then he does not inherit at all to the two tunya people. but if it is associated with Islamic inheritance, then he inherits only his mother and his mother's family.

scholarly journals Legal Analysis of Provision of Assets to Stepsons Reviewing From Article 171 of The Compilation of Islamic Law

2021 ◽  
Vol 04 (11) ◽  
Author(s):  
Iyam Irahatmi Kaharu ◽  
Keyword(s):  
Islamic Law ◽  
Research Result ◽  
Legal Analysis ◽  
Biological Father ◽  
Inheritance Law ◽  
New Family ◽  
Legal Provisions ◽  
The Family ◽  
Legal Marriage ◽  
Legal Consequences

This study aims to analyze whether stepchildren can inherit from their parents' marriage, as well as examine the legal consequences for stepchildren who get inheritance from their parents' marriage. The research method used is empirical juridical which is an approach model in the form of an action to see a legal reality in society which is chosen as the type of research the author uses. Factually, the implementation of positive legal provisions in legal events is also studied in this empirical legal research which aims to ensure the suitability of the results of its application with the provisions of the Act. Research result shows that stepchildren are basically children born to husband or wife from previous marriages who are legally related to a new legal marriage by their father or mother, where the husband's or wife's congenital child is a stepchild in the family or a new marriage by the father or her mother. Status as a stepchild does not eliminate the inheritance rights of a stepchild as a biological child from his biological father or mother who brings a stepchild into a new marriage, and the position of a stepchild in inheritance rights is also recognized by Islamic inheritance law as Hijab Nuqshan (Barrier which results in reduced inheritance rights). heir share). That stepchildren in Islamic inheritance law are not directly classified as heirs because there is no reason to inherit (asbabul miirats). But by using other alternatives in Islamic inheritance law, stepchildren will not lose their right to get protection from their parents, as inborn children of their biological father and mother. Where in Islamic inheritance law, stepchildren can get inheritance from the marriage of their new biological father or mother (his new family) by means of Qiyas and Wasiat obligatory by 1/3.

scholarly journals Degradation of Customary Inheritance Law in the Sai Batin Lampung Tribe

AL- ADALAH ◽  
2021 ◽  
Vol 17 (2) ◽  
pp. 295-314
Author(s):  
Yayan Sopyan ◽  
Nusirwan Nusirwan ◽  
Isnawati Rais ◽  
Asmawi Aswawi
Keyword(s):  
Qualitative Research ◽  
Social Interaction ◽  
Islamic Law ◽  
Customary Law ◽  
Inheritance Law ◽  
Interview Technique ◽  
System A ◽  
Kinship System ◽  
Inheritance System ◽  
The Family

The Sai Batin indigenous people use the “jujur” form of marriage the male majorate inheritance system, a system in which the oldest son is entitled to all inheritance and is the successor of their descendants. So strong is the position of sons in the family that if a family does not have a son, then the family is considered as having no or broken offspring. For this reason, in the Sai Batin kinship system, the adoption of a son, either from an internal or external family, is an alternative solution. This research is qualitative research using the Islamic Law Anthropology approach. In the data collection stage, the writer used the dept-interview technique combined with a survey. This research concludes that although most of the Sai Batin tribes still adhere to the customary inheritance system, however, there has been a tendency to no longer use customary law, especially in matters of inheritance, because it is considered unfair. This is indicated by the tendency of parents to bequeath property to all their children through a grant mechanism or to distribute inheritance based on Islamic inheritance law. This change is influenced by many factors, including the most dominant factors are education, economy, and social interaction.

scholarly journals ADULTERY CHILD STATUS IN ISLAMIC LAW AND IN THE CIVIL CODE

2019 ◽  
Vol 3 (2) ◽  
pp. 20
Author(s):  
Hari Sutra Disemadi
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Civil Code ◽  
Cost Of Living ◽  
Biological Father ◽  
Marital Relations ◽  
Illegitimate Child ◽  
The Status ◽  
The Cost

Problems regarding the status of children born outside of legal marital relations are still interesting discussions. In the community the status of children is often questioned, because not a few children are born without marriage. So from this this study will focus on the status of illegitimate children in Islamic law and in the Civil Code. The research method used is a normative juridical research method based on secondary data, namely primary legal material, secondary legal material and tertiary legal material. This research shows that in Islamic law and Civil Code the legitimate denial of children can result in the breakup of marriage making the child an illegitimate child and not having an inheritance relationship with his parents, but his mother according to Islamic law. If the child of adultery is associated with obligations and responsibilities regarding survival, then the parents or fathers are still charged with the obligation to provide a living. As the cost of living and the cost of their education as needed or according to their abilities, because he is the biological father of the child. If the status of the adultery child is associated with inheritance according to BW, then he does not inherit at all to the two tunya people. but if it is associated with Islamic inheritance, then he inherits only his mother and his mother's family.

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